No. 311.
Mr. White
to Mr. Bayard.
Legation of
the United States,
London, March 5, 1887.
(Received March 14.)
No. 459.]
Sir: I have the honor to report to you briefly the
trial yesterday, at the central criminal court, of George F. Anderson, a
citizen of the United States, who was found guilty of obtaining money under
false pretenses from Charles Deakin and others, also American citizens, and
sentenced to five years’ penal servitude.
I attended the trial, which, I need scarcely say, was perfectly fair, every
opportunity being afforded the prisoner, including several postponements, at
his request, for one frivolous cause or another, to clear himself of the
charges brought against him; but no evidence was he able to produce to prove
that he had not falsely represented to the Deakins and others that they were
about to obtain a large property here, the actual occupiers of which,
knowing that they were shortly to be turned out, had declined to pay the
taxes due thereupon, and that the property would be sold to pay the same
unless money were forthcoming for the purpose; or that he had not strongly
urged that this should be sent by the Deakins, who cabled him about $3,000,
having previously advanced other sums for the prosecution of this fictitious
“claim.”
The owner and occupier of the property, who had been in undisturbed
possession for twenty-seven years, proved that no legal proceedings had been
taken against him, with a view to his ejectment; the tax-collector of the
district swore that the taxes on the property in question had never been in
arrear, and that no such claim as that reported by Anderson had been made,
nor was the prisoner able to show that he had devoted the money received
from the Deakins for any such purpose. It was, on the contrary, very clearly
proved that he made quite another use of it.
My reason for reporting this trial to you is that it happens to be the first
occasion that I know of in which a perpetrator of the extensive and
outrageous “estate” frauds from which our countrymen are such sufferers, and
which Mr. Phelps has already reported to you, has been brought to justice;
and I venture to hope that if full publicity be given to this case, it may
be the means of saving many thousands of dollars, of which American citizens
are annually robbed by gangs of thieves who, under the pretense of
prosecuting claims to estates in this country, which either have no
existence at all or are safely vested in the hands
[Page 464]
of those who own them, obtain large sums of money,
which they spend here in riotous living.
It is to be hoped that the rascals who have hitherto practiced this nefarious
trade with impunity will scarcely think it worth the risk of five years’
penal servitude. Possibly the knowledge that this will be their fate if
caught may deter them from embarking in the fictitious “estate” business,
and may also induce their victims to come to England and prosecute them as
Deakin did. I am happy to say that the latter has been rewarded for his
perseverance by the recovery of a considerable portion of his money.
I have the honor to inclose for your information copies of the correspondence
which passed between this legation and Anderson while his case was before
the police court.
I have, etc.,
[Inclosure 1 in No. 459.]
Mr. Anderson to Mr.
Phelps.
My Dear Sir: It is not long since I addressed
you, and as yet have not received any reply or in any way or any kind
suggestion. In the autumn of 1864, September 12, a boy shouldered a gun
(from no mercenary motive), traveled through the enemy’s country with
Thomas, Sherman, and Schofield, one of the defenders of our national
emblem, “The Stars and Stripes,” which you, my representative, represent
here in Great Britain. That boy was G. F. Anderson, Company B,
Twenty-eighth Michigan-Volunteer Infantry. I am a humble citizen of the
United States of America, and only request as such the kind or unkind
consideration that the humblest can expect. I am in a foreign country in
trouble, yet I dare not despair. Surely the country I was willing to
pledge my life for in the days of her direst distress will not
altogether desert her boy without first hearing his side of the
question. I ask only that I may be heard. I have been incarcerated in
Holloway prison for two weeks, while my enemies betide me, and I have
not been able to utter one word. I ask you, my dear sir, to advise me. I
claim that I have but one motive in the certain case, and have had but
one, that is to simply protect John Deakin, my client, as between Mr. W.
C. Deakin and myself and Mr. Stanford. I have had the fullest
understanding in regard to what was due Father Deakin, and when it was
to be paid by me to him, and it was understood fully what was not used
in his interest should be returned to him; and I have been at all times
ready and willing to pay him or any one he wished me to pay, and should
have paid either Mr. W. C. Deakin or Mr. Stanford if a disagreement had
not risen between them, and each vieing with the other to command me,
and at last I agreed to meet Mr. Stanford in New York, to pay Mr. John
Deakin, February 15, 1887; hence my present trouble. I humbly ask you to
advise me what am I to do. I am prepared, and
have always been, to live up to my agreement with my client John
Deakin.
Ever yours, faithfully
[Inclosure 2 in No. 459.]
Mr. White to Mr.
Anderson.
Legation of the United States,
London, February 2,
1887.
Sir: I am desired by the United States minister
to reply to your letter of the 31st January. It refers to a previous
note which you state has been addressed to him, but which was never
received.
The minister very much regrets to learn that grave charges of a criminal
nature for frauds alleged to have been perpetrated upon American
citizens, have been preferred against you, which the law officers of the
British Government have thought it necessary to prosecute.
[Page 465]
As to the truth of these charges the minister has of course no knowledge,
and would be glad to learn that they are unfounded.
Of a fair trial and full hearing in respect to them you may rest assured.
If they should fail to be established by legal and satisfactory
evidence, no interposition on the part of the United States will be
necessary. But if proved to be true such interposition would neither be
proper nor effectual.
The protection afforded by the United States Government to its citizens
in other countries does not involve any attempt to shield them from the
legal consequences of offenses committed against the laws of those
countries; the Government will only interfere in such cases where there
is an attempt to deprive the accused of a fair trial and equal justice,
which certainly will not occur in your case.
I am, etc.,
Henry White,
Secretary of Legation.
[Inclosure 3 in No. 459.]
Mr. Anderson to Mr.
Phelps.
My Dear Sir: Yours of the 2d instant at hand,
for which accept my sincere thanks.
I have had every reason to believe that our Government—the United States
of America—did interfere and had a right to do so when there is an
attempt to deprive the accused of a fair trial, that the accused may at
all times have an equal chance and equal justice.
I find I have been confined here in Holloway nearly three weeks, being
refused the right of bail, and in consequence of the refusal of bail (to
which I am surely entitled) jeopardizing my case, as I certainly have a
just and honorable defense. I am prevented in
every way from getting my evidence properly presented and my witnesses
here on time, simply because I am restricted on all sides, while my
accusers have every facility and great freedom of action accorded them
to conduct the prosecution of this very grave charge.
If this action is a fair interpretation of a fair trial and equal justice
before the law, as awarded the citizens of our country when in foreign
countries, there must be a very serious misunderstanding somewhere.
I thoroughly understand, and it is quite distinguishable in nearly all
cases where misfortunes overtake mankind, that a little leaven leaveneth
a whole lump. I sincerely will thank you most heartily if you will
assist me in this my suggestion and request for bail, as you say in your
letter of 2d I will not be denied a fair trial and equal justice.
I am, etc.,
I am greatly obliged to you for the very kind treatment and the
courtesies extended to my wife when she called. She has just spoken
of it. I little thought when I called on you with Senator Palmer (in
November), of Michigan, that I would be humbly asking your favor in
so serious a matter.
Sincerely
[Inclosure 4 in No, 459.]
Mr. White to Mr.
Anderson.
Legation of the United States,
London, February 7,
1887.
Sir: I am directed by the minister to
acknowledge the receipt of your letter dated 4th instant, and to state
in reply that it would be neither possible nor proper for him to address
any communication to the law officers of the Crown with reference to
your being admitted to bail.
We are informed, on inquiry, that, according to the custom usual in cases
similar to yours, you are not entitled at this stage to be admitted to
bail; but that, in the event of your being committed for trial by the
magistrate, you might then be admitted to bail.
I am, etc.,
Henry White,
Secretary of Legation.
